Synopsis

Case Information

1 1.The caption has been amended to reflect that the sole proper defendant is
the State of New York.

Claimant short
name:

SPAVONE

Footnote (claimant name)
:

Defendant(s):

THE STATE OF NEW YORK

Footnote (defendant name)
:

The caption has been amended to reflect that the sole proper defendant is the State of New York.

Third-party
claimant(s):

Third-party
defendant(s):

Claim number(s):

113498

Motion number(s):

M-73176

Cross-motion
number(s):

Judge:

Alan C. Marin

Claimant’s
attorney:

Steven Spavone, Pro Se

Defendant’s
attorney:

Andrew M. Cuomo, Attorney
GeneralBy: Carol A. Cocchiola, Esq., AAG

Third-party
defendant’s attorney:

Signature date:

July 26, 2007

City:

New York

Comments:

Official citation:

Appellate results:

See also (multicaptioned
case)

Decision

Claimant Steven Spavone moves for an order permitting him to proceed as a poor
person, reducing his filing fee pursuant to CPLR 1101(f) and for the assignment
of counsel. In his underlying claim, Mr. Spavone alleges that he was wrongfully
assigned to a double cell at Sullivan Correctional Facility and thereafter
assaulted by his cellmate on April 12, 2005. There are no provisions in the
Court of Claims Act concerning the prosecution of actions under poor person
status, and thus the Civil Practice Law and Rules govern. See Court of Claims
Act §9, subdivision 9; Wilson v State of New York, 101 Misc 2d 924,
925, 422 NYS2d 347, 349 (Ct Cl 1979). Poor person status is authorized under
CPLR 1101, which addresses, among other things, filing fees. In this case,
claimant has already made an application pursuant to CPLR 1101(f) for a
reduction in the filing fee required by Court of Claims Act §11-a(1). In
an order of the Hon. Richard E. Sise dated and filed on April 4, 2007, it was
found that claimant was entitled to a reduced filing fee of $35.00. Aside from
the filing fee, there are no other fees in the Court of Claims and in fact,
section 27 of the Court of Claims Act prohibits certain costs, fees and
disbursements. Nevertheless, payment of a particular item of expense as the
need arises may be available at the proper time upon a showing of sufficient
cause. Mapp v State of New York, 69 AD2d 911, 415 NYS2d 278 (3d Dept
1979); Wilson, supra. Because no such showing has been made by
claimant at this time, his motion for poor person status must be denied.

Finally, as to claimant’s request for the assignment of counsel, such is
generally not available for civil cases. See Matter of Smiley, 36 NY2d
433, 369 NYS2d 87 (1975).

Accordingly, having reviewed the submissions[2],
IT IS ORDERED that motion no. M-73176 be denied.

July 26, 2007New York,
New York

HON. ALAN C. MARINJudge of the Court of Claims

[2]The following were reviewed:
claimant’s notice of motion with affidavit in support; and
defendant’s affirmation in opposition.